Recent Court Rulings

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 Facts: The U.S. government asked a court to approve a proposed consent decree or settlement without admission of liability with the New York City Housing Authority (NYCHA). The decree sought to bring organizational reform to NYCHA and correct its systemic violations of federal health and safety regulations.

Facts: A Section 202 site that provides supportive housing for the elderly sought to evict the wife of a deceased resident. She moved into the unit with her husband in May 2004 and lived there continuously for the past 14 years. Her husband, the tenant of record and head of household, died in September 2013 when his wife was 55 years old. She is currently 60 years old. HUD regulations define “elderly” as 62 years of age or older at the time ...

 Facts: An applicant sued a caseworker in her official capacity as an employee of the PHA. The applicant was issued a Section 8 voucher on Oct. 18, 2017, and was given 60 days to find housing for him and his family. He claimed that he found housing on Dec. 16, 2017, signed a tenancy agreement, and paid a deposit.

Facts:  In March 13, 2009, a site’s management office received a “Request for Permanent Permission” on behalf of a resident to allow her grandson to permanently join her household. The reason for the request was that he “recently moved in with me to care for me and help me in my old age. He is helping me every day with my companionship from which I suffer lately. Since I l...

Facts: A disabled Section 8 resident claimed the site owner discriminated against her on the basis of her disability by refusing to allow her sister and primary caretaker to live in her unit.

Facts: In late August 2017, a resident with a Section 8 voucher began house-sitting for her daughter while the daughter attended a funeral. The resident returned to her unit briefly on Sept. 4 and 11 and then returned permanently on Sept. 29. During the period the resident was away from her unit, the PHA tried to schedule two inspections of the unit. She didn’t receive either notice with sufficient time to be present for the scheduled inspections....

Facts: An owner sought to evict a resident from a HUD-subsidized apartment for material lease violations. A code enforcement officer for the city appeared as witness for the owner and testified that, after receiving a police-initiated complaint, he inspected the resident’s unit on Oct. 14, 2017. He observed minor problems, including roaches, a faulty smoke detector, a broken dishwasher, and the odor of cat urine. The issues were addressed, and the...

Facts: In 1982, a resident and her son moved into a project-based Section 8 site. A few years later, they were joined by the resident’s granddaughter. The resident lived in the unit until her death in 2015. And her granddaughter continues to live there, now with her three minor children.

Facts: In May 2014, a Section 8 resident and her three children moved into an apartment. In March 2016, after one child turned 18, he moved out of the apartment. In April 2017, the child repeatedly parked the resident’s car in other tenants’ parking spaces. The resident was notified that this was a lease violation and that, if her child continued to park the car in other tenants’ spots, the car would be towed. Her son apparently stoppe...

Facts:   The lease of a HUD-subsidized resident states that each year he must recertify that he’s eligible to receive the rent subsidy. In early January 2017, the owner sent a reminder about the annual recertification and asked the resident to schedule an appointment on one of six...